1. Home
  2. Browse Decisions
  3. F.2d
  4. 583 F.2d
  5. 583 F.2d 1188 (1978)
 

LOPEZ FOR & IN BEHALF OF GARCIA v. CURRY

No. 182, Docket 78-2083.

583 F.2d 1188 (1978)

Frank A. LOPEZ, as next of friend, attorney for and in Behalf of Carmen GARCIA, Petitioner-Appellee, v. Phyllis CURRY, Correctional Superintendent, Bedford Hills Correctional Facility, Bedford Hills, New York, or anyone having custody and/or control of Carmen Garcia, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 15, 1978.

Attorney(s) appearing for the Case

Frank A. Lopez, New York City, for petitioner-appellee.

Mark C. Rutzick, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondent-appellant.

Before KAUFMAN, Chief Judge, LUMBARD and MULLIGAN, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

Aware of the limits of mortal knowledge, legislatures often enact statutes ordaining that proof of one fact shall imply existence of another. But the link between the proven fact and the presumed one must not be tenuous nor may it invade the factfinding province of the jury.

In this case Carmen Garcia challenges a State conviction based upon N.Y.Penal Law § 220.25(1), which declares that presence of narcotics in an automobile...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases